STATE OF KERALA Vs. AJAYAN

JUDGEMENT

(1.) RESPONDENT, the accused in Crime No.389/2010 of Punnapra Police Station registered for the offence under Sections 8(c) and 22(c) of Narcotic Drugs and Psychotropic Substances Act, 1985 was granted bail by Judicial First Class Magistrate, Ambalappuzha. Sessions Judge, Alappuzha, as per the order in Crl.M.P.1855/2010, cancelled the bail and respondent was given to police custody from 3/8/2010 to 6/8/2010. Subsequently by Annexure-2 order, learned Sessions Judge granted bail to the respondent on conditions. The State has filed this petition under Section 482 of Code of Crmc 3681/10 2 Criminal Procedure to quash Annexure-2 order, contending that Annexure-2 order is illegal and is to be quashed.

(2.) LEARNED Public Prosecutor and learned counsel appearing for the respondent were heard.

(3.) LEARNED Public Prosecutor would argue that under Sub clause (ii) of clause (b) of Sub Section (1) of Section 37 of Narcotic Drugs ad Psychotropic Substances Act, 1985 (hereinafter referred to as "N.D.P.S.Act") though Sessions Judge is competent to grant bail, when the application for bail is opposed by the Public Prosecutor, learned Sessions Judge must be satisfied that there are reasonable grounds for believing that the accused is not guilty of such offence and also that he is not likely to commit any offence, while on bail. As this aspect was not considered by the learned Sessions Judge, as seen from Annexure-2 order, it is illegal and is to be quashed.